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Home My WebLink About20013368.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE FOR SPECIAL USE PERMIT#454 - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, notice was given that a Probable Cause Hearing, pursuant to Section 81 of the Weld County Zoning Ordinance, would be held before the Board concerning Special Use Permit#454 issued to Howard Duckworth, dba Weld County Waste Disposal, Inc., and WHEREAS, at a hearing before the Board on February 8, 1995, staff presented a letter from Richard Judd, Attorney representing Mr. Duckworth, requesting a continuance of this matter to March 1, 1995, due to a scheduling conflict, and WHEREAS, at said hearing on March 1, 1995, the Board deemed it advisable to continue this matter to May 17, 1995, at 9:00 a.m., to allow staff to supplement notice regarding impacts to groundwater and failure to pay solid waste surcharge and to allow the Permittee to prepare for those issues, and WHEREAS, at said hearing on May 17, 1995, Mr. Judd was present, and the Board heard all of the testimony and statements of those present, studied the recommendations of the Weld County Planning and Health Department staff and all of the exhibits and evidence presented in this matter and, having been fully informed, again deemed it advisable to continue said matter to August 2, 1995, at 9:00 a.m., based upon staffs recommendation, to allow time for the global settlement of all regulatory and other issues existing to be completed in writing and result in a compliance order upon consent by the Colorado Department of Health, Weld County Health Department, and Weld County Waste Disposal, Inc., and WHEREAS, at said hearing on August 2, 1995, Mr. Judd was not present, and the Board heard all of the testimony and statements of those present, studied the recommendations of the Weld County Planning and Health Department staff and all of the exhibits and evidence presented in this matter and, having been fully informed, again deemed it advisable to continue said matter to February 21, 1996, at 9:00 a.m., based upon staff's recommendation, to allow time for the interim control measures and site characterization to be completed pursuant to the United States Environmental Protection Agency Administrative Compliance Order and for the issue concerning land application of waste on the "Martin" property to be further evaluated by the landowner and negotiations completed to bring the property into compliance with the requirements of Colorado Department of Health, Weld County Health Department, and Weld County Planning Department, and 2001-3368 L /94 /(14 Dz e LoD 1/2� f 2/ PL0447 PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD PAGE 2 WHEREAS, at said hearing on February 21, 1996, the Board heard all of the testimony and statements of those present, studied the recommendations of staff from the Weld County Departments of Planning and Health and all of the exhibits and evidence presented in this matter and, having been fully informed, again deemed it advisable to continue said matter to February 26, 1997, at 9:00 a.m., to allow site characterization and interim control measures to continue, in accordance with the EPA Order and to allow time for final measures to be completed, and WHEREAS, at said hearing on February 26, 1997, the Board was advised by staff that cleanup of the site by H S Resources, Inc., and Amoco Production Company is slowly progressing and site characterization and interim control measures are proceeding in accordance with the EPA Order although it will be five or six years before final measures are completed and, having been fully informed, again deemed it advisable to continue said matter, to February 25, 1998, at 9:00 a.m., and WHEREAS, at said hearing on February 25, 1998, the applicant was not present or represented, and the Board studied the recommendations from the Weld County Departments of Planning and Health staff and deemed it advisable to again continue said matter to February 24, 1999, at 9:00 a.m. to allow site characterization and interim control measures to continue, in accordance with the EPA Order and to allow time for final measures to be completed, and WHEREAS, at said hearing on February 24, 1999, the applicant was not present or represented, and the Board reviewed the recommendations from the Weld County Department of Health staff and once again deemed it advisable to continue said matter to February 23, 2000, at 9:00 a.m., to allow site characterization and remediation measures to continue, in accordance with the EPA Order, as well as to allow time for final measures to be completed. WHEREAS, at said hearing on February 23, 2000, the applicant was not present or represented, and the Board reviewed the recommendations from the Weld County Department of Public Health and Environment staff and once again deemed it advisable to continue said matter to December 11, 2000, at 9:00 a.m., to allow the Colorado Department of Public Health and Environment and the County to evaluate other potential enforcement action in accordance with the Solid Waste Act. WHEREAS, at said hearing on December 11, 2000, the applicant was not present or represented, and the Board reviewed the recommendations from the Weld County Department of Public Health and Environment staff and once again deemed it advisable to continue said matter to December 10, 2001, at 9:00 a.m., to allow the property owner adequate time to complete the closeout activities at the site. WHEREAS, at said hearing on December 10, 2001, the applicant was not present or represented, and the Board reviewed the recommendations from the Weld County Department of Public Health and Environment staff and once again deemed it advisable to continue said matter to June 12, 2002, at 9:00 a.m., to allow the property owner adequate time to review and sign a land use covenant. 2001-3368 PL0447 PROBABLE CAUSE HEARING FOR SUP#454 - DUCKWORTH/WCWD PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter be, and hereby is, continued to June 12, 2002, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D., 2001. BOARD OF UNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: iiteliki E 5LA , . JWeld County Clerk to the '?ar. 0 / 1861 $Q ;$,z9� lenn Vaa em BY: /is ��:r, i _ r / Deputy Clerk to the Bo �- +� � Willi . Jerke AS TO M: vid E. Long ounty Atto ey> Robert D. Mas en / /i•Date of signature: 2001-3368 PL0447 Memorandum TO: Board of County Commissioners CDATE: December 5, 2001 COLORADO FROM: Trevor Jiricek, Department of Public Health & Environment SUBJECT: Weld County Waste Disposal Our Department is recommending for a continuance of 6 months for this Probable/Show Cause hearing involving the Weld County Waste Disposal. The continuance will allow adequate time for the property owner, Howard Duckworth, to review and sign a land use covenant. It will also allow for the County to request to Mr. Duckworth that he vacate the USR that currently governs the property. STATUS: The CERCLA (Comprehensive Environmental Response Compensation and Liability Act also known as Superfund) clean-up was completed in January 2000. HS Resources and Amoco have also completed their portion of the clean-up required under the previously issued EPA Order and have submitted a Final Closure and Clean-up Verification Report. EPA continues to monitor groundwater at the facility. Although, the term of their commitment is unknown. On April 19, 2000, the Colorado Department of Public Health & Environment issued a Compliance Order (attached) to Weld County Waste Disposal, Inc (WCWD). WCWD responded that the company was unable to comply with the Order due to a lack of funds. It does not appear that the CDPHE will pursue this action any further. REMAINING ISSUES: The remaining issues at this facility include, but are not limited to: • Long-term (up to 30 years) maintenance and care of the cover. This includes assuring that a cover crop is established and maintained. • Institutional controls to prevent excavation or structures in areas where residual contamination remains. • Long-term (up to 30 years) groundwater monitoring to demonstrate the quality of groundwater downgradiant from the facility. • Financial assurance for post-closure monitoring, maintenance and care. ATTACHMENTS: Attached is a memorandum that was provided to the Board in February 1999. It provides information regarding the background of the facility, the EPA Order, and the CERCLA action. I have also attached the CDPHE Order. C:\WINDOWS\TEMP\December 2001 update.wpd 2001-3368 MEMORANDUM TO: Weld County Commissioners DATE: February 24, 1999 FROM: Trevor Jiricek, Health Department SUBJECT: Weld County Waste Disposal Our Department is recommending for a continuance for a period of one year for this Probable/Show Cause hearing involving the Weld County Waste Disposal. The characterization, remediation, and clean up of the site continues. The one year continuance will allow for further progress. Our Department has been following all of the activities and progress which has taken place at the Weld County Waste Disposal. BACKGROUND: The following is a very brief history and update of the activities that have taken place at the Weld County Waste Disposal (WCWD) and a summary of the status of the E.P.A. order: In the spring of 1995 our Department and the Weld County Planning Department had cited the WCWD for numerous violations of its Special Use Permit. As the result of these violations, the facility was in the County's Probable/Show Cause process. However, in May 1995, under the authority of Section 7003 of the Resource Conservation and Recovery Act, the Environmental Protection Agency issued an Order "to abate an imminent and substantial endangerment to health or environment..." to the Weld County Waste Disposal, owned by Howard Duckworth. The Order alleged that a groundwater impact had occurred which was attributed to the facility and that waterfowl had been killed as the result of landing on the oily surfaces of the ponds. The Order was also issued to the two companies which had disposed the largest quantity of waste at the facility. These two companies, Amoco Production Company(Amoco) and HS Resources Inc. (HSR),have since taken the lead in implementing the Order. The WCWD is located approximately 5 miles east of Fort Lupton. It had been in operation since the 1970's and primarily accepted liquid exploration and production waste for disposal by evaporation. The site consisted of a receiving sump where liquid waste was initially dumped upon receipt at the facility. The waste was then pumped into on-site tanks where any reclaimable oil was separated out. The waste was then discharged into two large ponds for evaporation. EPA ORDER: The Order and its requirements are broken up into several major sections. The three sections specifically dealing with site characterization and remediation are briefly summarized below. They are: I. INTERIM MEASURES - This required the respondents to submit an "Interim Measure Work Plan" which included, but was not limited to the installation of a security fence,posting of signs, a method to permanently eliminate any oily surfaces which may come into contact with wildlife, characterization of the extent of off-site ground water contamination, etc. This section also addressed immediate remediation of any impact to human health and the environment. Status: The interim measures are finalized. II. SITE CHARACTERIZATION- This required the respondents to submit a "Characterization Work Plan" to characterize the magnitude and full extent, both vertical and horizontal, of all contamination of soils and groundwater on and from the receiving facility and to assess the physical integrity of all waste management units and devices. Status: The on-site soils have been characterized. However, the off-site groundwater characterization work plan has not yet been approved by the E.P.A. Additional off-site groundwater characterization may still be required. III. SITE CLEAN-UP - This requires that the respondents submit a "Clean-Up Work Plan" which evaluates alternatives for the treatment and disposition of all contaminated media, including contaminated soils, ground water and other materials and debris. Status: An on-site closure work plan has been submitted and is currently under review. In general, for each major section, the respondents must submit a plan in accordance with strict submittal dates. The plans are reviewed by the County and State Health Departments, and the E.P.A. In addition, the respondents were required to develop a community involvement plan. This plan has been developed and implemented to the satisfaction of all of the Agencies. It included surveys, newsletters, and public meetings for interested parties. Other routine activities required by the Order include monthly progress reports to the agencies and the submittal of quarterly groundwater monitoring reports. CERCLA (Comprehensive Environmental Response Compensation and Liability Act also known as Superfund) REMOVAL ACTION: During characterization of the site, chlorinated compounds were detected in the soils beneath pond D and in the groundwater downgradient from the facility. Many of these same chlorinated compounds were also found in the groundwater downgradient from pond D. Chlorinated compounds are not typically found in exploration and production wastes. In reviewing historical aerial pictures taken of the site,HSR and Amoco discovered an older waste pond, now known as pond E, that existed in the location(within the perimeter of pond D) where the chlorinated compounds were discovered. Waste was disposed in Pond E from approximately 1978 to 1980. It was then covered with soil. Pond D was constructed in approximately 1981, and operated until the facility closed in May 1995. Chlorinated compounds were also found in the area identified as the "former receiving area". This receiving area operated from approximately 1978 to 1984. Following detection of the chlorinated compounds and after review of the aerial photos, HS Resources and Amoco argued that they should not be responsible for the remediation of the impact from the chlorinated compounds as they did not dispose waste at the facility during the time period that pond E and the "former receiving area" were operated. They also argued that the chlorinated compounds are not typically found in exploration and production wastes. EPA agreed not to pursue the Order requirements at these areas at these times. However, the EPA was also of the opinion that the contaminated materials in pond E should be addressed in a timely fashion. As a result, EPA contacted their emergency response staff. EPA assessed the site by collecting samples, etc. and found that the site warranted action under CERCLA. EPA determined that the site was appropriate for a non-time critical removal of the waste material. Currently, this removal action is scheduled for early April 1999. The removal action will consist of excavation of the soil and thermal treatment in a thermal desorption unit. Once treated the soil will be returned to the excavation. Treatment of the impacted soil should eliminate the source of the impact to the groundwater. However, additional remedial actions are currently being considered for groundwater emanating from the site. It should be noted that the EPA is only addressing those impacts from the chlorinated wastes disposed at the facility. HSR and Amoco will continue to address all other portions of the Order and clean up of the site. C:\WINDOWS\TEMP\GW ViewenI 999 update wpd firCHrrin Memorandum TO: Board of County ' Commissioners C DATE: z:::: :artmenz ' 00 • ' FROM: t COLORADO SUBJECT: Weld County Waste Disposal Our Department is recommending for a continuance for a period of one year for this Probable/Show Cause hearing involving the Weld County Waste Disposal. The continuance will allow the Environmental Protection Agency, Colorado Department of Public Health and Environment (CDPHE), and the County, to evaluate other potential enforcement actions. STATUS: HS Resources and Amoco completed their portion of the cleanup required under the EPA Order. They committed to one year's maintenance of the cover over the areas that they closed and revegetated. They also committed to one year of additional groundwater monitoring. Both of these commitments concluded in December 2000. They have requested that EPA release them from any more responsibility concerning the facility. EPA is currently reviewing their request. The CERCLA (Comprehensive Environmental Response Compensation and Liability Act also known as Superfund) action was completed in January 2000. EPA committed to monitoring the vegetative cover over the areas that they have closed and groundwater until December 2000. On April 19, 2000, the CDPHE issued a Compliance Order (attached) to Weld County Waste Disposal, Inc (WCWD). WCWD responded that the company was unable to comply with the Order due to a lack of funds. WHAT'S NEXT?: In the early spring of 2001, environmental and legal staff from the County, the CDPHE, and the EPA will be meeting to discuss the status of the WCWD. This will include a discussion of any pending or future legal actions against the facility. REMAINING ISSUES: The remaining issues at this facility include, but are not limited to: Weld County Waste Disposal November 8, 2000 Page 2 • Long-term (up to 30 years) maintenance and care of the cover. This includes assuring that a cover crop is established and maintained. • Institutional controls to prevent excavation or structures in areas where residual contamination remains. • Long-term (up to 30 years) groundwater monitoring to demonstrate the quality of groundwater downgradiant from the facility. • Financial assurance for post-closure monitoring, maintenance and care. ATTACHMENTS: Attached is the memorandum that I provided to you in February 1999. It provides information regarding the background of the facility, the EPA Order, and the CERCLA action. I have also attached the CDPHE Order. M:\Trevor\WASTE\WCWD\Decembe2000 update.wpd 'fat `1 MEMORANDUM TO: Weld County Commissioners DATE: r ry 24, 1999 C FROM: Trevor Jiricek, Health Department COLORADO SUBJECT: Weld County Waste Disposal Our Department is recommending for a continuance for a period of one year for this Probable/Show Cause hearing involving the Weld County Waste Disposal. The characterization, remediation, and clean up of the site continues: The one year continuance will allow for further progres.'. Our Department has been following all of the activities and progress which has taken place at the Weld County Waste Disposal. BACKGROUND: The following is a very brief history and update of the activities that have taken place at the Weld County Waste Disposal (WCWD) and a summary of the status of the E.P.A. order: In the spring of 1995 our Department and the Weld County Planning Department had cited the WCWD for numerous violations of its Special Use Permit. As the result of these violations, the facility was in the County's Probable/Show Cause process. However, in May 1995, under the authority of Section 7003 of the Resource Conservation and Recovery Act, the Environmental Protection Agency issued an Order "to abate an imminent and substantial endangerment to health or environment..." to the Weld County Waste Disposal, owned by Howard Duckworth. The Order alleged that a groundwater impact had occurred which was attributed to the facility and that waterfowl had been killed as the result of landing on the oily surfaces of the ponds. The Order was also issued to the two companies which had disposed the largest quantity of waste at the facility. These two companies, Amoco Production Company (Amoco) and HS Resources Inc. (HSR), have since taken the lead in implementing the Order. The WCWD is located approximately 5 miles east of Fort Lupton. It had been in operation since the 1970's and primarily accepted liquid exploration and production waste for disposal by evaporation. The site consisted of a receiving sump where liquid waste was initially dumped upon receipt at the facility. The waste was then pumped into on-site tanks where any reclaimable oil was separated out. The waste was then discharged into two large ponds for evaporation. EPA ORDER: The Order and its requirements are broken up into several major sections. The three sections specifically dealing with site characterization and remediation are briefly summarized below. Weld County Waste Disposal February 24, 1999 - Page 2 They are: I. INTERIM MEASURES - This required the respondents to submit an "Interim Measure Work Plan" which included, but was not limited to the installation of a security fence, posting of signs, a method to permanently eliminate any oily surfaces which may come into contact with wildlife, characterization of the extent of off-site ground water contamination, etc. This section also addressed immediate remediation of any impact to human health and the environment. Status: The interim measures are finalized. II. SITE CHARACTERIZATION - This required the respondents to submit a "Characterization Work Plan" to characterize the magnitude and full extent, both vertical and horizontal, of all contamination of soils and groundwater on and from the receiving facility and to assess the physical integrity of all waste management units and devices. Status: The on-site soils have been characterized. However, the off-site groundwater characterization work plan has not yet been approved by the E.P.A. Additional off-site groundwater :haracterization may still be required. III. SITE CLEAN-UP - This requires that the respondents submit a "Clean-Up Work Plan" which evaluates ai-ernatives for the treatment and disposition of all contaminated media, including contaminated soils, ground water and other materials and debris. Status: An on-site closure work plan has been submitted and is currently under review. In general, for each major section, the respondents must submit a plan in accordance with strict submittal dates. The plans are reviewed by the County and State Health Departments, and the E.P.A. In addition, the respondents were required to develop a community involvement plan. This plan has been developed and implemented to the satisfaction of all of the Agencies. It included surveys, newsletters, and public meetings for interested parties. Other routine activities required by the Order include monthly progress reports to the agencies and the submittal of quarterly groundwater monitoring reports. CERCLA (Comprehensive Environmental Response Compensation and Liability Act also known as Superfund) REMOVAL ACTION: During characterization of the site, chlorinated compounds were detected in the soils beneath pond D (see attached site layout) and in the groundwater downgradient from the facility. Many Weld County Waste Disposal February 24, 1999 Page 3 of these same chlorinated compounds were also found in the groundwater downgradient from pond D. Chlorinated compounds are not typically found in exploration and production wastes. In reviewing historical aerial pictures taken of the site, HSR and Amoco discovered an older waste pond, now known as pond E (see attached photographs), that existed in the location (within the perimeter of pond D) where the chlorinated compounds were discovered. Waste was disposed in Pond E from approximately 1978 to 1980. It was then covered with soil. Pond D was constructed in approximately 1981, and operated until the facility closed in May 1995. Chlorinated compounds were also found in the area identified as the "former receiving area". This receiving area operated from approximately 1978 to 1984. Following detection of the chlorinated compounds and after review of the aerial photos, HS Resources and Amoco argued that they should not be responsible for the remediation of the impact from the chlorinated compounds as they did not dispose waste at the facility during the time period that pond E and the "former receiving area" were operated. They also argued that the chlorinated compounds are not typically found in exploration and production wastes. EPA agreed not to pursue the Order requirements at these areas at these times. However, the EPA was also of the opinion that the contaminated materials in pond E should be addressed in a timely fashion. As a result, EPA contacted their emergency response staff. EPA assessed the site by collecting samples, etc. and found that the site warranted action under CERCLA. EPA determined that the site was appropriate for a non-time critical removal of the waste material. Currently, this removal action is scheduled for early April 1999. The removal action will consist of excavation of the soil and thermal treatment in a thermal desorption unit. Once treated the soil will be returned to the excavation. Treatment of the impacted soil should eliminate the source of the impact to the groundwater. However, additional remedial actions are currently being considered for groundwater emanating from the site. It should be noted that the EPA is only addressing those impacts from the chlorinated wastes disposed at the facility. HSR and Amoco will continue to address all other portions of the Order and clean up of the site. tj\1186 I ar 5 ' >,t `' Y 't ,w;rGu•5arrcrm J J iY y .�n Y `J 9 h^' 'F £..•- R -7/.1:::,17;t:•:, 1. Fr r.r }�fr ':1 �,- 'F � w roA � . Nn .t {3 G h�.lr ��n, G.r 4' .�r"�� .y{s •' 0561 .us � �"N �i�� r r - ~7 :in r > A v .r "..r rS,i ly Y u,A ry,4H 1 IAf 7 `n H .yH. ,, .' Iw'a r f - lk J 9f1 f ,�f Y" 'i tY 3 r1 A q *5 nw `h. 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Figure A-1 Aerial Photograph October 1976 Weld County Waste Disposal Inc. SiteLararr- Ft. Lupton, Colorado of 1++ 1 � ,r _.. f - Former �s Y ... ` "' . .' r+a. *e r -nnq^i r.- �.�r.'—'su Reaeving Pond � F it.t,gx);,,I,.1,<,,/,,,,V-R.,la.,..,701,,,ct.g7:7,... ..of � xA5t €Y F" x�' c.9°�y�, � „"�"'� -m +'k 7i'SYW'V.^S/. r e ypta ;M yr, ` 4 i� €f'nfrl �'U` .n.r«s�'k y�' 5 Former Pond B { t a t w"`' ' : < ( V tM$ 1' �YT yet" 4'&"'�ycS RS. w 3y-y+,,,0 iqr� K ` v l "t • n 'Stf,, ,ybr} r ,fi, �a„yq. �>t ' " 7 [i ' �^� .v S "Wf4 tl ,, . ri i ri x Pond A �,m ! "4r 4 y:jo PrO� �a43py k- w .". "� vl rf pc ifl ti" 1 =r'4c. :� �JN.,.`r"{ f '„vs-li lU� xd 5 � )t �q if .'1'I '.wx f S> G 6rr*?.ryi.{] y° rM1 +�a 14c� N J tir i �1.,.'.` D '''.17.'*''-'«x '.«' b5 l,I r:,,,. Lrx"✓^ r? t vH r r FS f'r "' 0'l'° ( '' �'T�#§ 71.rwtil :KITS ft .1. 5''' !' ( r t . g a.trx '^ «�‘riF"� wlu4 i t x` �+t,,,u '""fit r ' Zti- Fi i° Ii'a Lay '� wL '+Former Pond E �! h r Yrti` Bl,,:s4' / a k v ` A �� fW 25 i a Speer Canal '. qtr 4�y� e z, k t �' 1,:rr x ++rx,,3d++t '^ to ,-: + .4vNi-«f 46- h�ar _ ."4,,t,'":.-1-"'rr 7C )'Y `� TyY a rul"" i A �N1)T"7 r .. ?'u,�. ,- M4,-, vt' :4"..t,4,-",1474,,,,-irMAW t. r „ n n.w "d rt s qr „,idrh� F� J w ' C& �f I T{ e �'" ' tie +" < t �[:. cY 1 ryM 4^L a.p r��i xRi y r, ! r gi d v J &t µ r d a i� �'�+,�i"s*"fr F r ..L"S t u - f 1 Jn.� ,�. x ( fLr. .•''',•44'154:1401,77r N t� 4 ° �^ Y vtS a i �a ' -4frt ilk "�t:'r x . .s,,.., a,� e '� " ° 4:1"C i, w un05'-i+L�t .t a nn4 1:-:47g i xe. �I,t r tFu "� F s M n - f 1 a "^ i ^ " P'.fi'ry{.".{L.� e� ` � ��7 e#v rti'. 1,a Ury , 11 3 5th7or ,t<fk"1. ! 411.'"v .v" , ld, '� ++'` m,'�"'r ✓ + t Yr 5 ,u� r §Er �w� pt br ' i y't,ri iY �-r C r n ) { Fw h y W. k7•n t ky b'f' yM rk a. �' Y m tl {, ' '.`ar i s �' 11 � ' a YT�+N Z �� r�, � +.�'%.rfamc n a-r 1� r s aYd[,« r,, 72.,..;„, w,�+ " � ^ .:.> `� 4i w"t l,pr7 `'��' 1!�'�N "k y � � p. fr u � r a i ilT: p-.^ �'.,' Ate, .�a'P .a''x" gikr ni� gi t " X l r r .' �"g -w1.14,1 l n$. '4a� ��aj .uaPf, *r r. r"� ruf+"a ' p' "r fn f'.A r), 4.• Jf�,'u:�. i�4 ic4,4 r rtit. ,', ..;n �'}t , ,kar ''Y.' 't.: { �' <d 4� n,� a , r• f r t Pi'rm'f�,,,,j��§ f r " x:w;e. x +�' 7. z ... 3H* ; �4,6tl�u my'y 'FaYy�'" ' 'S . k e tip • Xt Mkr ' x�xy ''S' i.itt �, 'iJ neW k`(i'fH 7 f",c,,, M ff br1.''' f/ Una . 1 K� + f Ri rr v i}v�t �`'�,� :; $qX Fa „� �k� f F� C f rq x" i ' n u+ y 6 cS l a ... d Y' rwfk t fWtb rry r idm� w y r ia °T „$' ' '� '4ry ti _ kn y nit hR,-I r iqF 1 �r r V+.. f p :4;1 %�✓ r' " ._r + �1 r'��v � art� � �a n:.xffi,. ,n, '01,51r &y+ siF b V c?'s Figure A-2 Aerial Photograph October 1978 L\kt--------' Weld County Waste Disposal Inc. Site Ft. Lupton, Colorado gall i Former Recievina Pond Me ry 5 n i ' Former Pond 8 �.; ,?d s"q „(f to r !i-,Y'. 4:;,:-* a'' r +e1' ' r l. .t! '° 'e r 'k "°F ;t a � �� L yrr ,� /2 '.. -�". s'r t ..,.,,,,,,,,,,,..,-,7 tr �t - ` � Pond A: �y; t �?� � �u'� '/,E' ry Ji w', r ,r �ry s 41.0- ^ �e a.rmr A r t ' * a q^'t -Pk - �,1� v M1{r6; n r' P 0 'ri'keSsm, 'r 1 t Former Pond E .,F. ,>,tu"£5rst'h4.vS'Yr ,-1 �, `�iT -i.. x' r„'FL- 4,f ,, Speer Canal �'k' i. c.-,::"'iii-.45..”tii ,.....,,t,' .wG S r K1 z 4. M ♦ L""++ t tr y .�1 , ikl ir vkr r; ;Yt} v4 y t . rss � y C f J• :-.)..§,2•10". �: � � W:i de F t s3ti 'k�.w .4° .,-2-.f."10-4; �-Ie.* �,A ip J IZ-",,, j,:;'.,, �h. : ." j r< '<' e rLp ..- '4:-,C,141/40s1 'Gd`uY"<S m. <+`u� i' .;�J.As m� 6lJn-*T". .*.een.�M!" "e "" s-^✓#awn+ f^ u' s tss. ;.7=1,';':"-C iif �� Figure A-3 � Aerial Photograph May 1979 Weld County Waste Disposal Inc. Site SW Ft . Lupton, Colorado ' Former Recieving Pond tI- }a " Former Pond B q` , 5 � t } a Y`•t NiC Xe „`r i W Pond A w^+,sv 5 <� �N Low Area �u� _ ... .` }Y4 )4 i'.. , ag ' Speer Canal • srlfi i,z .. ;ay � KFs C ' a + ( Q•r �- Y i ,hut C# lcy?4 1 q 3., s. C )rt Uti J �h� y1k ^ii re, +9YN y id:�� :R �Yz x- ', .-14e �yy�{ :;,n-•..xwrn+,.e• _ �* 4:• ,4w+prnC+a.. .f , CIA i, ✓g •N '4. 4 A�(,. Z 4•• L. 3 '% .mm. s✓`�!>hr .f?A*1.1-'44,r,''et, ar�.YF�„✓.i.! y(1 t�,.?s�'p- ''nriG ry k°.. Figure A-4 4-------- / �` Aerial Photograph October 1979 Weld County Waste Disposal Inc. Site :. Ft. Lupton, Colorado Fourier x Recieving Pond p " `tg _ t JF t, ?:c v S" yyyyyy J . ,w y T� ry d ...... a ....r. - ;.,,ti.-:,., ay. T `w r `14'� Former Pond 8 z.» _ r kt j g.-...ea. S'a 'Ai.' ' am IS w' t ';.. ,.� .; 3, Low Area",;;r:,',4.r '' �r3 v; 40 ` .:t 'fZr P .er a 4 :rr SpeerCanal ?. rL 5a't - rig k,x ink r...i'Aa..uuark. ,.iC(.• 2 �'t4.v .yx-..�IRITT:I74 :LtY Fx. E3 1Tcn Cr gai°�-Yitiw "�y ,,, hi----...--?"..,_ 4r .ng -.'"ia•r -. tj • �v ti 4` _c: 4.i.1.5.;.---1.;*; - -vex`"Zr, rt-APL,1 ifto _ .;r_ , g _4, i i , .4 i,zr F A 1 ' } �d' 6.,.p:, .Y y .r" r , n fr.,LJy• SSI.yx, r ';�WF�j: ; - ?- r ! � �i� ^KAY-G YY �y�,'�ISMp�u`a4+.CNF�. '4. 11 ',1. .u�.,. + , s,.-.a•.i ^.'71 wi.... 'iii x rwwe.se- �.. .L.if+ok>bc ' ,::-. , Cif,.-..--„?..=�«c V Figure 0 Aerial Photograph June 1980 Weld County Waste Disposal Inc. SiteCgs. It Ft. Lupton, Colorado Former Recieving Pond C ‘24;„,„,„ '.•9 y r fez;, wCro� F: t Former Pond 8 J,r r -* t ri4 . Pond C rx>f eiZ, .� AF4 . };41r_ PondA 4., Lt,' l 4, W 3 - rn f ' fb 4 l3L Pond CniSf.s Speer Canal -�z r ��L SNn. "A ti *Zr f_ ws sus,;. .� 1.}f • . -',- • ..- '- .- N v <i t, "3 I" .ra �t t't (-41)„'"c'1,1-4,4..:. :.,M , a '•' -i ,;.a:1, ^ '{ ,: y' •,r n+ 4 C' pp��yyyy�163 a• ma r'"tr .^➢� !'^ 1M ^�''f k + i 7: i , fp CH1 r iv't7?rj . t '�vft f y.,:„. fzen .w. ``' C c. y�rt* t rkn�i. x -rr u �,, L � �..'„�y�^ i 5t Y n a .7"M sys.�.i C.'".xr r,y r(� r rr 4,,P �',- - ✓ s f u t 0 > '. ' '{ UhIM'V {'� GY• Ik G! A%. .{M1fl"� ^Ly%` ... Q,TT„'.'..I c ;'�mVy �s WY. N w` '` rai�,a'r�• �� .M--/-' r b.f �, '•;�� f! :; a'v,. ti'.p�igtd S ,t`} ', •gt,gr ..'a*� x f ,y.4 5 y„}Y C's.Y`.?�Lsw'"` 'sr.:v t,h.ha✓ +�* >+5 xv„ t0. o, a y w / \ Figure A-6 /7 ;, 4_________ri Aerial Photograph October 1982 c, Weld County Waste Disposal Inc. Site Ft. Lupton, Colorado • Former 1. ,^ Recieving Pond r 4, -Former Pond e Area st x Pond C 4 x � :s od A , �' � --- u ,.y ..k^,:c _ J �mo w. x'�rlr w -T 3•a'X� y . rr r a '# _ y Pond D Speer Canal -- ''./1 ' � �„{»irk � _ n.LY.- M z -- :. F 4 a 1. 1, 1r t Ky x Aart +fr 1 y, k ;� -++... F I. 4 his a� 4 A Y .4,4; .47-, ' y� it :1-ie v j '' � ah: P v Sf �•�l^ v`tf e � Frii.. -it-1, �R/ vN f�" t y"F,,, "`+^+' P "f vMw ..Ji b ... n k 4Y . r. Ma_' !"n env 'h h ..'. .. 7;11 �t`v;«�ry 1"144 .1.- `,+ieN 2ky x .4a . . 'L. G�.::- "'•�'�F"i..I.n..�.,...Av .,. ' Figure A-7 4 1 Aerial Photograph October 1983 i �\ ;! Weld County Waste Disposal Inc. Site --- Ft. Lupton, Colorado fr Y :w Former "' Recieving Pond - Area 43 r -f a , ., r ,�,4yy -.. gr aF 1rc+k ss,,, - v rA" r)5.. WYb y. e..ti Former Pond B Area s ' t. �' T'r- Pond Cr. J., 1•••• f ipr ' „4.- 3 -^� - - ail a. k d ".} Pond A: .. i r , . Pond 0 r - -Speer Canal i . • • /V {a • C•.` r .�s :,f• A R` -4,,,(47 yy i VA"; .k ' le f �; V_ . •�. M T' NAN �' Figure /� ' Aerial Photograph No November 1984 � / \. Weld County Waste Disposal Inc. Site Ft. Lupton, Colorado I • �) . . 5080 1 ./ ___.-- 7-1(:_____ ------ ------- x \=-- AE)-12-- -------�-3-f i--- - .� �, - _ .II ROAD `� (7 !I /�-- ~l l t t C.----------;1 Z-- I P • - t i ; i REC VING AREA IVi 19S0 CONCR SUMP 198 I JJ 80 r / (5°4°T.C: 1ss , I It9gtt. Ri ) / o t rn 1983 I Pewsl \ i 1 C / . 1aa Yt I f t /V. J sn 1983 J' o I 7983 -- / 4 f / --- - - _ 4) FT- 1978 / c j/ / \� J J f C li 1 — �• I o'O \ ID I l t--...._,L982 - -• - - fir— - - — v - - \. tJ i / \ `\\ /* I it windmill lose _i_________,./.-------- SPEER 0" BORROW PIT IC'A �."\ O I 5060* I N.,_______________ .• `_ 0 100 200 300 I -liwiallimilliMM II LEGEND FIGURE 1 Cueat: HS RESOURCES/AMOCO 1978 EXISTING PONDS 1978-1983 ACTIVE PONDS 1979 EXISTING PONDS COLORADO AERIAL WELD COUNTY 1980 EXISTING PONDS PHOTO SERVICE 1982 EXISTING PONDS AERIAL PHOTOSURVEYS WASTE DISPOSAL, INC. SITE 1983 EXISTING PONDS $,,mr 1976-1995 WELD COUNTY, COLORADO ---- WATER PONDING AREA Location:WELD COUNTY, COLORADO — Saab: I. = 300 FEET ENVIRONMENTAL,INC. HSR96120 Data: MAY 1996 Compliance•Risk Analysis•Remediation ,C80 %. I r� - T -� 1_,./._ r� �� - ==j am - 1. _ ® QoA 9P,4 / � ,�_. l.! / I RECEIVING ARE 19 7 _m I CONCREi£.,SUM —l) ..-- 09 I I I rFSO40 9:—.--1 d � 1 . Y/.I r_..,c.1 . II • c I ' y t 1984/l' / [�� M f / / Q 1986 1984 �Yy - a I 1981 � I. :') / g i/Y "f ;! / ___ -,,,‘ 4 • 0 / 'rjil / rr :\; Il l I t'+ o I /\‘,.—____,..--___, ---\\. windmill .__/ .--'---------..--- \\N /_ 1 ` \ 5069 \ \ Sp , •�, moo _d BORROW P!T fA NA( 1 .I \ - 506C 1 • I I 0 100 200 300 ! I NNI • LEGEND --• 1984 EXISTING PONDS C{ienc: NS RESOURCES/AMOCO FIGURE 2 987 EXISTING PONDS 1 EXISTING PONDS 1984-1987 ACTIVE FONDSPHOTOASERVICEAL WELD COUNTY AERIAL PHOTOSURVEYS WASTE DISPOSAL, INC. SITE so,„e,. 1976-1995 WELD COUNTY, COLORADO Loca,,om WELD COUNTY, COLORADO Scala• 1" = 300 FEET ENVIRONMENTAL,INC. HSA96120 Dace: MAY 1996 Compliance•Risk Analysis•Remcdiation ' ______" 5080 J �• .k I 10 / ,�� ,...,/ ma ROAD I ' I � I /(i ii995! I II R.,.....1 m I REC VING ARE 19881992 cn CONCR SUM 1'19891993 q l I 1 11990 1994 `119911995 1993 a sJf)988 1995I laa1, / O M \�` 1.993 /.. I ' 1989 i 9-Q ' - - - - Ill 19884)1 � i // _ >71/ 1! .-, (// ZI I O / ;7 ill O'I 5` 1993 !I 1952 ( �� II 1994 f ti /./ 'I '�� 1995 I ( 75_�SAS I I\ y - i f R' \ /.‘ \\ ,.'\ / -... ,3 \ windmill I 5069 '• \ SPIER TCCC�N `ono . -� SORROW PIT I A,- '•` I , 5060 ;J* i0 100 200 300 I • V�� \ LEGEND 1988 EXISTING PONDS ci.nr: HS RESOURCES/AMOCO FIGURE 3 1989 EXISTING PONDS 1988--1995 ACTIVE PONDS 1990 EXISTING PONDS COLORADO AERIAL 1991 EXISTING PONDS PHOTO SERVICE WELD COUNTY 1992 EXISTING PONDS AERIAL PHOTOSURVEYS WASTE DISPOSAL, INC. SITE 199.3 EXISTING PONDS S°..c.: 1976-•1995 ---- 1994 EXISTING PONDS WELD COUNTY, COLORADO ---- 1995 EXISTING PONDS PONDS C AND D BASICALLY. UNCHANGED `°carwkwELD COUNTY, COLORADO 1992 THROUGH 1995 (FROM 1991 LEVELS) scar.: 1" = 300 FEET ENVIRONMENTAL,INC. M..R96120 oar.: MAY 1996 Compliance.Rist Analysis•Remedialion OF'C�� % e9 C c WO • /876 KEN SALAz, R STATE OF COLORADO STATE SERVICES BUILDING 1525 Sherman Street-5th Floor Attorney General DEPARTMENT OF LAW Denver Colorado 80203 B. RUARA MCDONNELL Phone 303 866-4500 Chief Deputy Attorney General OFFICE OFTFEE ATTORNEY GEVERaL FAY 303) 866-5691 ALAN J.GILBEIU Solicitor General April 19, 2000 AprRichard D. Judd. Esq. "� Richard D. Judd PC - 2000 1660 Lincoln St. Ste. 2800 Denver, CO 80264 r- RN Cc UN7y OFFICE RE: Weld County Waste Disposal Dear Dick: Further to our recent conversation, enclosed please find Compliance Order No. 00-04-12-01, issued to Weld County Waste Disposal. You agreed to accept service of the Order on behalf of the company. Please contact me after you have had an opportunity to review the enclosed. Sincerely, WILLIAM C. ALLISON V Assistant Attorney General Natural Resources and Environment Section (303) 866-5361 (303) 866-3558 (FAX) Encl. cc: Ms. Kristine Schock, w/out encl. Charles Figur, Esq., w/encl. Lee Morrison, Esq., w/encl. RECEIVED p:'.n r urbnitkin\al I i sva\Iettcrs',iadd.l tr APR 2 1 2000 ENVIRONMENTAL HEALTH SELiYKES BEFORE THE HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STATE OF COLORADO COMPLIANCE ORDER NUMBER 00-04-12-01 IN THE MATTER OF WELD COUNTY WASTE DISPOSAL, INC. This Compliance Order is issued to Weld County Waste Disposal,Inc.("WCWD")by the Colorado Department of Public Health and Environment, the Hazardous Materials and Waste Management Division ("the Department"), pursuant to the Departments authority under section 30-20-113(2), C.R.S., of the Colorado Solid Wastes Disposal Sites and Facilities Act,sections 30-20-100.5 to 119, C.R.S. (the"Act"). The Department, as set forth herein, has determined that WCWD has violated, or is in violation of, certain provisions of the Act and the Colorado Solid Waste Regulations (the "Regulations"),6 CCR 1007-2, and is hereby ordered to come into compliance with the Act and the Regulations. General Findings of Fact and Conclusions of Law I. At all times relevant to the violations cited herein, WCWD was a Texas corporation in good standing in that state. WCWD's authority to conduct business in the State of Colorado was revoked on March 1, 1997. 2. WCWD is a "person" under the Act and the Regulations (section 30-20-101(3), C.R.S.; 6 CCR 1007-2, section 1.2). 3. WCWD owns and operates a facility for the disposal of oil field brine waters and other petroleum liquid wastes located at 4982 Weld County Road 35,Fort Lupton, Colorado(the "Facility"). WCWD commenced operations at the Facility in late 1983 or early 1984 and ceased active operations during May of 1995. 4. Weld County, Colorado is the local governing body having jurisdiction over the Facility. 5. On or about December 22, 1976, Weld County issued Special Use Permit #396 to Weld County Disposal,Inc.,WCWD's predecessor at the Facility,for the disposal of certain solid wastes at the Facility. Special Use Permit#396 has been amended twice since its original issuance, first on October 31, 1979 by amendment # 319, and again on April 22, 1981 by amendment # 454. 6. Special Use Permit#396 and its subsequent amendments allowed WCWD to store,evaporate and dispose of oil field brine waters and other liquid petroleum wastes in four (4) large surface impoundments ("ponds") at the Facility. 7. On or about September 23, 1993, the Department issued a Notice of Violation and Request for Information to WCWD pursuant to its authority under the Colorado Hazardous Waste Act, section 25-15-301, C.R.S. et seq.. The Department's Notice of Violation and Request for Information identified violations of the Colorado Hazardous Waste Act,including illegal disposal of hazardous wastes at the Facility. 8. On or about October 25, 1994, the Department issued a second Notice of Violation to WCWD pursuant to its authority under the Act. The Department's second Notice of Violation identified violations of the Regulations, including failure to meet minimum standards for a solid waste disposal facility and failure to meet the requirements for operators of surface impoundments. 9. On or about May 11, 1995, the United States Environmental Protection Agency ("EPA") issued an Administrative Order ("EPA's 1995 Administrative Order") to WCWD, Amoco Production Company, and HS Resources, Inc., pursuant to its authority under 42 U.S.C. section 6973(a)("RCRA Section 7003"). EPA's 1995 Administrative Order was based upon findings that operations at the Facility posed an imminent and substantial endangerment to health and the environment. 10. A Probable Cause action to revoke the Special use Permit was initiated on February 8, 1995 by Weld County. The action is still pending, but has been held in abeyance because of the EPA 1995 Administrative Order. 11. EPA's 1995 Administrative Order required, among other things, corrective action at the Facility to remediate contaminated media at the Facility, including contaminated soils, ground water and other materials and debris. To date, Amoco Production Company and HS Resources, Inc. have cooperated with EPA in conducting remedial activities at the Facility pursuant to EPA's 1995 Administrative Order. To date, WCWD has not actively participated in anyremediation efforts at the Facility pursuant to EPA's 1995 Administrative Order. 12. On September 28, 1999 the Department conducted an inspection, pursuant to the Departments authority under section 30-20-113(6),C.R.S.,at the Facility for the purpose of determining compliance with the Act and the Regulations. • Weld County Waste Disposal.Inc. Compliance Order#00-04-12-0/ Page:of 11 First Violation (Failure to Properly Close a Solid Waste Disposal Facility 1 13. The General Findings of Fact and Conclusions of Law in paragraphs 1 through 12 of this Compliance Order are hereby incorporated by reference as though fully set forth herein. Findings of Fact 14. On or about August 26, 1993, the Depaituient made a determination that the Facility was causing impairment of existing or future use of groundwater. 15. Department records establish that WCWD has never submitted a closure plan for the Facility for Department approval. 16. At the time of the September 28, 1999 inspection, WCWD had not begun closure activities at the Facility. 17. Department records establish that WCWD has never submitted a report to the Department documenting that closure has been completed at the Facility. 18. Department records establish that WCWD has never submitted a report to the Department which summarizes the total volume of each waste stream disposed in each impoundment and identifies the person(s) responsible for post closure control of the Facility. 19. Department records establish that WCWD has never submitted a post-closure plan for the Facility for Department approval. 20. At the time of the September 28, 1999 inspection, WCWD had not conducted any post- closure care of the Facility. Conclusions of Law 21. "Solid waste"means any garbage,refuse, sludge from a waste treatment plan,water supply treatment plant,or air pollution control facility,and other discarded material,including solid, liquid, semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities. (section 30-20-101(6)(a), C.R.S. ; 6 CCR 1007-2, section 1.2) 22. The oil field brine waters and other petroleum liquid wastes disposed by WCWD in the four (4)surface impoundments at the Facility are"solid wastes"as that term is defined by the Act and the Regulations. Weld County Waste Disposal.Inc. Compliance Order 1100-00-I2-0! Page 3 of 11 23. "Solid wastes disposal"means the storage,treatment,utilization,processing,or final disposal of solid wastes: (section 30-20-101(7), C.R.S.; 6 CCR 1007-2, section 1.2) 24. WCWD has disposed of solid wastes at the Facility. 25. "Solid wastes disposal site and facility"means the location and facility at which the deposit and final treatment of solid wastes occur. (section 30-20-101(8), C.R.S. and 6 CCR 1007-2, section 1.2) 26. WCWD owns and operates a"solid wastes disposal site and facility"as that term is defined by the Act and the Regulations. 27. No person shall operate or maintain or close a solid wastes disposal site and facility in a manner that violates any provisions of part 1 of the Act, any rule or regulation adopted pursuant thereto, or any certificate of designation (section 30-20-113(1)(a), C.R.S.). 28. All solid waste disposal sites and facilities shall comply with the minimum standards set forth in Section 2 of the Regulations. (6 CCR 1007-2, section 2.1) 29. 6 CCR 1007-2,Section 9 applies to waste impoundments that store,treat or dispose ofliquid, semisolid or solid wastes, except as provided in 9.1.4 for facilities in operation prior to the adoption of Section 9 of the Regulations. (6 CCR 1007-2, section 9.1) 30. Those sites and facilities in operation prior to the adoption of Section 9 of the Regulations may be required to come into compliance with the Regulations upon a determination by the Department that such sites and facilities are causing impairment of existing or future use of surface water or groundwater or if the facility is expanded, added to or otherwise modified. (6 CCR 1007-2, section 9.1.4) 31. The Department determined on or about August 26, 1993 that the Facility was causing impairment of existing or future use of groundwater; WCWD is therefore subject to the requirements of Section 9 of the Regulations. 32. Solid waste disposal sites and facilities shall be closed in accordance with the Act and the Regulations. (6 CCR 1007-2, section 2.5.1) 33. Water pollution shall not occur at or beyond the point of compliance after closure of a solid waste disposal site or facility. (6 CCR 1007-2, section 2.5.5) 34. Owners and operators of solid waste disposal sites and facilities shall prepare a closure plan for approval by the Department after consultation with the local governing body having jurisdiction. (6 CCR 1007-2, section 2.5.8) Weld Comm,Wave Disposal,Inc. Compliance Order#00-04-12-01 Page 4 of l/ 35. Operators of all impoundment facilities regulated under the Act, including existing facilities, shall submit a report to the Department at the time of final closure which summarizes the total volume of each waste stream disposed in each impoundment and identifies the person(s) responsible for post-closure control of the site. (6 CCR 1007-2, section 9.10.1) 36. The owner or operator of all solid waste disposal sites and facilities shall prepare a written post-closure plan to be approved by the Department after consultation with the local governing body having jurisdiction and shall place it in the operating record.(6 CCR 1007-2, section 2.6.1) 37. The post-closure care period for solid waste disposal sites and facilities other than municipal solid waste landfills will be established by the Department and the governing body having jurisdiction. (6 CCR 1007-2, section 2.6.2) 38. WCWD has failed to properly close the Facility and conduct required post-closure care of the Facility in violation of section 30-20-113(1)(a),C.R.S.and 6 CCR 1007-2,sections 2 and 9. Second Violation (Failure to Maintain Financial Assurance) 39. The General Findings of Fact and Conclusions of Law in paragraphs 1 through 12, and the Findings of Fact and Conclusions of Law in paragraphs 13 through 38 of this Compliance Order are hereby incorporated by reference as though fully set forth herein. Findings of Fact 40. Department records establish that WCWD has not maintained,in written documented form, a current cost estimate for hiring a third party to close the Facility and to conduct post closure care of the Facility. 41. Department records establish that WCWD has not established a financial assurance mechanism to fund the hiring o f a third party to close the Facility and to conduct post-closure care of the Facility. Conclusions of Law 42. The owner or operator of any solid waste disposal site/facility shall maintain in written documented form current cost estimates for hiring a third party to close such site and facility and to conduct post-closure care of such site/facility. The owner or operator of any solid wastes disposal site and facility shall establish financial assurance sufficient to ensure payment of such costs. No solid waste disposal site and facility shall operate without being in compliance with the financial assurance requirements of the Act and the Regulations. (Section 30-20-104.5, C.R.S., and 6 CCR 1007-2, section 1.8.1(A)) Weld County Waste Disposal,Inc. Compliance Order#00-0e-11-01 Page 5 of II 43. All owners and operators shall provide, concurrently, to the Department and the local governing body having jurisdiction, proof of sufficiency of financial assurance per the requirements set forth in the Regulations and section 30-20-104.5, C.R.S.. (6 CCR 1007-2, section 1.8.2(A)(1)) 44. WCWD has failed to maintain current cost estimates for closure and post-closure care of the Facility, in violation of section 30-20-104.5, C.R.S. and 6 CCR 1007-2, section 1.8.1(A). 45. WCWD has failed to establish a financial assurance mechanism sufficient to ensure payment of the costs of closure and post-closure care of the Facility, in violation of section 30-20- 104.5, C.R.S. and 6 CCR 1007-2, section 1.8.1(A). 46. WCWD has failed to provide to the Department proof of sufficiency of financial assurance to ensure payment of the costs associated with the closure and post-closure care of the Facility, in violation of 6 CCR 1007-2, section 1.8.2(A)(1). COMPLIANCE ORDER Based on the foregoing factual and legal determinations and pursuant to section 30-20-113(2), C.R.S., the Department hereby orders WCWD: Compliance Requirements 47. Within thirty(30)calendar days of the effective date of this Compliance Order,WCWD shall submit a written Post-Closure Plan for the Facility to the Depaitluent and the Weld County Department of Public Health and Environment for approval. The Post-Closure Plan for the Facility shall include, but not be limited to, at least the following items: a. A name,address and telephone number of the person to contact regarding the Facility during the post-closure period. b. A deed notification comprising a legal notification on the property deed that describes the past use of the property and the fact that treated sediment/sludge and contaminated soil remain in place. c. Provisions for appropriate monitoring and/or controls for both on-site and off-site contamination originating from the Facility. Such monitoring and controls shall address, at a minimum,potential threats from soil, groundwater and indoor air. For example, the Post-Closure Plan shall include notification, monitoring and, if necessary, remedial provisions to be implemented in the event structures are built over areas where environmental contamination to soil and/or groundwater or treated sediment/sludge remains in place. The Plan shall also include provisions for appropriate monitoring and/or controls for soil excavations, septic systems, crop cultivation, drinking water and irrigation wells in areas where environmental Weld County Waste Disposal Inc. Compliance Order M00-0M-1241 Page 6 of 1/ contamination to soil and/or groundwater or treated sediment/sludge remains in place. The Plan shall also include post-closure monitoring for areas where treated sediment/sludge is left in place and covered with soil or a final cover, including ensuring that vegetation is properly established and is effective in minimizing erosion, and that the integrity of the final cover is maintained. d. Provision for all areas of the Facility not reclaimed(ie.graded and seeded)or in need of erosion repair in response to earlier actions to be reclaimed to a condition acceptable to the Department and Weld County. Monitoring and maintenance of all reclaimed areas will also be performed for at least thirty (30) years by WCWD. e. Provision for post-closure groundwater monitoring for a period of thirty (30) years. Samples shall be taken quarterly for one year starting after completion of monitoring by HS/Amoco(first sampling event by WCWD shall be first quarter 2001) and then semi-annually thereafter. Groundwater samples shall be analyzed for the parameters identified in Appendix Ito this Compliance Order, attached hereto and incorporated herein by reference. f Provision for additional remedial or reclamation work by WCWD in the event that such action is required by the Department. 48. The Department, in consultation with Weld County, will notify WCWD of its approval, approval with modifications or disapproval of the Post-Closure Plan. As used in this Compliance Order, the term "approved plan" includes any modifications imposed by the Department. 49. Within fifteen (15) calendar days of the Department's approval, in consultation with Weld County, of the Post-Closure Plan,WCWD shall begin to implement the plan in accordance with the procedures and schedules contained in the approved plan. 50. If the Department disapproves any plan submitted pursuant to this Compliance Order, the Department shall provide a written explanation of the disapproval, and WCWD shall either submit a notice of objection to the disapproval,or submit,for Department approval,a revised plan within ten (10) days of WCWD's receipt of the disapproval. The revised plan shall address each of the Department's concerns. If no notice of objection or revised plan addressing each of the Department's concerns is submitted within the ten (10) day period, WCWD shall be deemed to have failed to submit a required plan under this Order, and the Department may bring an enforcement action. 51. If WCWD objects to any Department approval with modifications or notice of disapproval decision made pursuant to this Compliance Order, WCWD shall notify the Department in writing of its objections within ten(10)days of receipt of the decision. The Department and WCWD shall then have fourteen (14) days from the receipt by the Department of the notification of objection,to reach an agreement.If agreement cannot be reached on all issues within this fourteen day(14)period,the Department's initial decision shall become effective, Weld County Waste Disposal.Inc. Compliance Order#00-04-12-01 Page 7 of 11 and deemed a final agency action for purposes of review. 52. Within thirty(30)calendar days of the effective date of this Compliance Order,WCWD shall establish a financial assurance mechanism for post-closure care and monitoring of the Facility which meets the requirements of 6 CCR 1007-2, section 1.8 and section 30-20- 104.5, C.R.S.. 53. The Department reserves the right to impose any additional conditions or requirements necessary for compliance with the Act or the Regulations or to protect human health and the environment. NOTICE OF LIABILITY FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF 54. Section 30-20-113(5), C.R.S. provides that any person who violates section 30-20-113(1), C.R.S.,which includes the Colorado Solid Wastes Disposal Sites and Facilities Act,sections 30-20-100.5 to 119, C.R.S., and the Colorado Solid Waste Regulations, 6 CCR 1007-2, or any Compliance Order of the Department of Public Health and Environment, shall be subject to a civil penalty of not more than $2,000 per violation per day during which such violation occurs. The Colorado Department ofPublic Health and Environment is continuing its investigation into this matter and may issue additional Compliance Orders or may request that the Attorney General bring suit for injunctive relief and/or civil penalties. IMPLEMENTATION OF WORK TO BE PERFORMED 55. All documents submitted under this Compliance Order shall use the same titles as stated in this Compliance Order, and shall reference both the number of this Compliance Order and the number of the paragraph pursuant to which the document is required. No plan submitted under this Compliance Order may be implemented unless and until written approval is received from the Department. Any approval by the Department of a plan submitted under this Compliance Order is effective upon receipt by WCWD. All approved plans, including all procedures and schedules contained in the plans, are hereby incorporated into this Compliance Order, and shall constitute an enforceable requirement under Part 1 of the Act. SITE ACCESS AND SAMPLING 56. The Department and Weld County shall be permitted to oversee any and all work being performed under this Compliance Order. The Department and Weld County shall be permitted access to the Facility at any time work is being conducted pursuant to this Compliance Order,and during reasonable business hours during any period work is not being conducted, for the purposes of determining WCWD's compliance with the Act, the Regulations, and this Compliance Order. The Department and Weld County shall be Weld County Ware Disposal,Inc. Compliance Order#00-04-12-01 Page of 11 permitted to inspect work sites, operating and field logs, contracts, manifests, shipping records, and relevant records and documents relating to this Compliance Order or any requirement under this Compliance Order and interview WCWD personnel and contractors performing work required by this Compliance Order. 57. The Department may conduct any tests necessary to ensure compliance with this Compliance Order and to verify the data submitted by WCWD. WCWD shall notify the Department in writing of any sampling activities undertaken pursuant to any plan or requirement of this Compliance Order a minimum of seventy-two (72) hours prior to the sampling being conducted, and shall provide split samples to the Department upon request. 58. WCWD shall notify the Department and Weld County in writing of any excavation, construction,including installation of monitoring wells,and/or activities undertaken pursuant to any plan or requirement of this Compliance Order a minimum of seventy-two (72)hours prior to beginning the excavation, construction, and/or required activity. WCWD shall provide the Department and Weld County any blue print, diagram, construction or other permits for any construction activity undertaken pursuant to this Compliance Order upon request. EFFECT OF BANKRUPTCY PETITION 59. The obligations imposed by this Compliance Order require the performance by WCWD of actions which are reasonably designed to protect public health,welfare and the environment. Any enforcement of the obligations imposed by this Compliance Order constitutes, solely for the purposes of 11 U.S.C. section 362(b)(4), the enforcement of a judgment, other than a money judgment,obtained in an action to enforce the State's regulatory and police powers. Further, the obligations imposed by this Compliance Order are necessary for WCWD and the Facility to achieve and maintain compliance with State law. NOTICES AND SUBMITTALS 60. For all documents, plans, records and reports required to be submitted by this Compliance Order, WCWD shall submit an original and one copy to each of the following: Roger Doak, Project Manager Solid Waste Unit Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment Mail Code: HMWMD-CP-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 and Weld County Waste Disposal,Inc. Compliance Order#00-04-12-01 Page 9 of 11 Trevor 7iricek - Environmental Health Services Director Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, Colorado 80631 NOTICE OF EFFECTIVE DATE OF ORDER 61. This Compliance Order shall become effective within ten(10)calendar days of receipt unless you request an informal conference pursuant to the following paragraph. Should you request an informal conference the Compliance Order will not become effective until further notice is issued after such conference. OPPORTUNITY TO REQUEST INFORMAL CONFERENCE 62. If you wish to discuss the existence or the gravity of the violations cited herein or to discuss the terms of the Compliance Order or to request further explanation of the violations cited herein, you may request an informal conference within ten (10) calendar days of receipt of this Compliance Order.The Department will schedule a conference to be held within twenty (20) days of your receipt of the Compliance Order. Although this conference is an informal proceeding, you may, if you so desire, have legal counsel attend with you. In order to maintain the factual accuracy of this meeting with the Department,this meeting will be audio taped in accordance with the Department's policy. Should you wish to schedule an informal conference, or should you have any questions regarding this Compliance Order, you may contact: William C. Allison V Assistant Attorney General Natural Resources and Environment Section 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5361 COMPLETION OF REOUIRED ACTIONS 63. WCWD shall submit a Notice of Completion to the Department upon satisfactory completion of all requirements of this Compliance Order. The Department shall either accept or reject WCWD's Notice of Completion in writing within thirty (30) days of receipt. If the Department rejects WCWD's Notice of Completion, it shall include in its notice a statement identifying the requirements that the Department considers incomplete or not satisfactorily Weld County Waite Disposal.Inc. Compliance Order#00-04d1-01 Page/0 of II performed and a schedule for completion. WCWD shall,within fifteen(15) days of receipt of the Department's rejection, either 1) submit a notice of acceptance of the determination; or 2) submit a notice of dispute to the determination. If WCWD fails to submit either of the above notices within the specified time,it will be deemed to have accepted the Department's determination. 64. If WCWD files any notice of dispute pursuant to paragraph 63, the notice shall specify the particular matters in the Department's determination that WCWD seeks to dispute, and the basis for the dispute. Matters not identified in the notice of dispute shall be deemed accepted by WCWD. The Department and WCWD shall have thirty (30) calendar days from the receipt by the Department of the notification of dispute to reach an agreement. If agreement cannot be reached on all issues within this thirty (30) day period, the Department shall confirm or modify its decision within an additional fourteen(14)days, and the confirmed or modified decision shall be deemed effective and subject to appeal in accordance with the Act. FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Gary W)Baughman C Date Compliance Program Manager Hazardous Materials and Waste Management Division Approved as to Form: 77,spit Zan) William C. Allison V#25288 * Date Assistant Attorney General Natural Resources and Environment Section Attorneys for the Department 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5361 *Counsel of Record Weld County Waste Disposal.Inc. Compliance Order t100-06/2-0/ Page l ofll WELD COUNTY WASTE DISPOSAL, INC. APPENDIX I - COMPLIANCE ORDER #00-04-12-01 Page 1 of 3 GENERAL GROUND WATER QUALITY INDICATOR PARAMETERS MAGNESIUM SODIUM POTASSIUM CALCIUM CARBONATE BICARBONATE CHLORIDE SULFATE NITRITE NITRATE TOTAL DISSOLVED SOLIDS (TDS) FIELD PA= METERS PH SPECIFIC ' NDUCTIVITY TEMPERATE-'= TOTAL ORC:VIC CARBON COMMON NF.___ CAS NUMBER INORGANIC :ONSTITUENTS (1) ANTI:C":.CNY (TOTAL) (2) ARSEL::C (TOTAL) (3) BARIUM (TOTAL) (4) BERYLLIUM (TOTAL) (5) CADMIUM (TOTAL) (6) CHROMIUM (TOTAL) (7) COBALT (TOTAL) (8) COPPER (TOTAL) (9) LEAD (TOTAL) (10) NICKEL (TOTAL) (11) SELENIUM (TOTAL) (12) SILVER (TOTAL) (13 ) THALLIUM (TOTAL) (14) VANADIUM (TOTAL) (15) ZINC (TOTAL) d WELD COUNTY WASTE DISPOSAL, INC. APPENDIX I COMPLIANCE ORDER #00-04-12-01 Paste 2 of 3 ORGANIC CONSTITUENTS : (16) ACETONE 67-64 -1 (17) ACRYLONITRILE 107-13-1 (18) BENZENE 71-43-2 (19) BROMOCHLOROMETHANE 74-97-5 (2 0) BROMODICHLOROMETHANE CHLOROMETHANE 75-27-4 (21) BROMOFORM; TRIBROMOMETHANE 75-25-2 (22) CARBON DISULFIDE 75-15-0 (23) CARBON TETRACHLORIDE 56-23 -5 (24) CHLOROBENZENE 108-90-7 (25) CHLCROETHANE; ETHYL CHLORIDE 75-00-3 (26) CHLCPOFORM; TRICHLOROMETHANE 67-66-3 (27) DIB: :MOCHLOROMETHANE; CHLORODIBROMOMETHANE 124-48-1 (28) 1, 2 -=IBROMO-3-CHLOROPROPANE;. DBCP 96-12-8 (29) 1, 2 - IBROMOETHANE; ETHYLENE DIBROMIDE; EDB 106-93-4 (30) O-D: =HLOROBENZENE; 1, 2-DICHLOROBENZENE 95-50-1 (31) P-D= , rLOROBENZENE; 1, 4-DICHLOROBENZENE 106-46-7 (32) TRA;::-1, 4-DICHLORO-2-BUTENE 110-57-6 (33 ) 1, 1-=ICHLOROETHANE; ETHYLIDENE CHLORIDE 75-34-3 (34) 1 , 2-: ICHLOROETHANE; ETHYLENE DICHLORIDE 107-06-2 (35) 1 , 1-ICHLOROETHYLENE; 1, 1-DICHLOROETHENE; VINYLIDEN CHLORIDE 75-35-4 (36) CIS-= , 2-DICHLOROETHYLENE; CIS-1, 2-DICHLOROETHENE 156-59-2 (37) TRANS-1, 2-DICHLOROETHYLENE; TRANS-1, 2-DICHLOROETHENE 156-60-5 (38) 1, 2-DICHLOROPROPANE; PROPYLENE DICHLORIDE 78-87-5 (39) CIS-1 , 3-DICHLOROPROPENE 10061-01-5 (40) TRANS-1, 3-DICHLOROPROPENE 10061-02-6 (41) ETHYLBENZENE 100-41-4 (42) 2-HEXANONE; METHYL BUTYL KETONE 591-78-6 (43) METHYL BROMIDE; BROMOMETHANE 74-83-9 (44) METHYL CHLORIDE; CHLOROMETHANE 74-87-3 (45) METHYLENE BROMIDE; DIBROMOMETHANE 74-95-3 (46) METHYLENE CHLORIDE; DICHLOROMETHANE 75-09-2 (47) METHYL ETHYL KETONE; MEK; 2-BUTANONE 78-93-3 (48) METHYL IODIDE; IODOMETHANE 74-83-4 (49) 4-METHYL-2-PENTANONE; METHYL ISOBUTYL KETONE 108-10-1 (50) STYRENE 100-42-5 WELD COUNTY WASTE DISPOSAL, INC . APPENDIX I COMPLIANCE ORDER #00-04-12-01 Page 3 of 3 (51) 1', 1, 1, 2-TETRACHLOROETHANE 630-20-6 (52) 1, 1, 2 , 2-TETRACHLOROETHANE 79-34-5 (53) TETRACHLOROETHYLENE; TETRACHLOROETHENE PERCHLOROETHYLENE 127-18-4 (54) TOLUENE 108-88-3 (55) 1, 1, 1-TRICHLOROETHANE; METHYLCHLOROFORM 71-55-6 (56) 1, 1, 2-TRICHLOROETHANE 79-00-5 (57) TRICHLOROETHYLENE; TRICHLOROETHENE 79-01-6 (58) TRICHLOROFLUOROMETHANE; CFC-11 75-69-4 (59) 1, 2 , 3-TRICHLOROPROPANE 96-18-4 (60) VINYL ACETATE 108-05-4 (61) VINYL CHLORIDE 75-01-4 (62) XYLENES 1330-20-7 (63) BENZO (A) ANTHRACENE 56-55-3 (64) EENZO (A) PYRENE 50-32-8 All analysis shall be performed in accordance with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" , Environmental Protection Agency Publication SW-846 [Third Edition, (November, 1986) , as amended] . Hello